SARJEET SHARMA Vs. JAGDEV SHARMA

JUDGEMENT

(1.) Regular First Appeal under Sec. 96 read with Order XLI of the Code of Civil Procedure, 1908 (hereinafter referred to as "CPC") has been filed against the Judgment and Decree dtd. 24/9/2022 whereby the Plaintiff filed a Suit for Recovery of Rs.1,09,82,000.00 along with pendente lite and future interest.

(2.) The brief facts as per Plaint are that the Plaintiff is a landlord and agriculturist owning land in village Samalka and other villages and was interested to purchase more agricultural lands in Delhi. The Defendants offered to sell their 15 Bighas and 4 Biswas of land only situated in the revenue estate of village Pandawla Kalan, New Delhi, at the rate of Rs.2,55,00,000.00 per acre of 4840 sq. yds., thus the total of 15 Bighas and 4 Biswas value at Rs.8,07,50,000.00, to the plaintiff.

(3.) One company M/s Raisina Villas Pvt. Ltd., through its director Sh. Rajeev Aggarwal, offered to join the Plaintiff in the purchase of the abovementioned land. Consequently, at the time of purchasing the land, M/s Raisina Villas Pvt. Ltd. handed over 05 Pay Orders bearing nos. 07767, 07768, 07766, 07765 and 53808 which were drawn on HDFC Bank, of Rs.9,00,000.00, in favour of each Defendant, i.e. for a total sum of Rs.45,00,000.00. The Plaintiff had given the remaining sum of 35,75,000/- to the Defendants at the time of entering into agreement. Accordingly, upon receiving the total amount of Rs.80,75,000.00, the Defendant executed an Agreement to Sell and receipt dtd. 18/7/2007, in favour of the Plaintiff and M/s Raisina Villas Pvt. Ltd.